Section 212(a)(6)(C)(1) eligible for a waiver

[Karay 6]

Hello,

A friend went for a spousal interview and was given a paper with section 212(a)(6)(C)(1) marked as the reason for the refusal. He is eligible for a waiver. In 2011, his then girlfriend won the dv Lottery and they got married after. The CO denied the visa because she didn’t believe they were genuinely married resulting in a section 212(a)(6)(C)(1). Does he need an immigration lawyer to file the 601 waiver or he can do it himself? Thank you.

[Boiler 45,733]

I have seen many people successfully put together a Waiver Package without a Lawyer, however none that have had a friend ask for them if they can do it themselves.

 

So I am going to assume they need a lawyer.

 

What happened to his first marriage? Did they divorce?

 

[Crazy Cat 41,984]

@Karay

This is a lifetime ban.  I would hire an experienced attorney.  

Edited July 19, 2023 by Crazy Cat

[Karay 6]

8 minutes ago, Boiler said:

I have seen many people successfully put together a Waiver Package without a Lawyer, however none that have had a friend ask for them if they can do it themselves.

 

So I am going to assume they need a lawyer.

 

What happened to his first marriage? Did they divorce?

 

 Thank you.Yes. They divorced.

16 minutes ago, Crazy Cat said:

@Karay

This is a lifetime ban.  I would hire an experienced attorney.  

Thank you.

[Redro 4,611]

15 minutes ago, Karay said:

 Thank you.Yes. They divorced.

Thank you.

How soon after the DV denial did they divorce? 
USC spouse needs to get on board with finding a lawyer as they are the ones who will have to show moving to your friend’s country will be a hardship and all the other issues they will encounter if your friend cannot move to the US. 

[Boiler 45,733]

Getting to the point where a waiver is available could be seen as a positive.

[Karay 6]

7 minutes ago, Redro said:

How soon after the DV denial did they divorce? 
USC spouse needs to get on board with finding a lawyer as they are the ones who will have to show moving to your friend’s country will be a hardship and all the other issues they will encounter if your friend cannot move to the US. 

Thank you. They divorced prior to meeting his current wife. He married the current wife in 2019. 

[Crazy Cat 41,984]

1 minute ago, Boiler said:

Getting to the point where a waiver is available could be seen as a positive.

My thoughts exactly.  

[Timona 4,208]

4 minutes ago, Karay said:

Thank you. They divorced prior to meeting his current wife. He married the current wife in 2019. 

Questionn was: when did they marry (year), got DV denial (year) and when did they divorce (year). 

 

Those 3 are crucial information. 

[JeanneAdil 6,581]

US  GOOD  immigration lawyer if he can afford it 

Lawyer will need copy of original marriage and divorce papers

for the waiver ,  the immigration officer will look to see if the marriage document is the same as one presented in past interview and verify document for validity 

 

i say original as PA man sent original with I 130 (back when we had to while he kept an extra for business here in US ) and the wife needed one so she got one from country register office and the clerk put a new dated stamp on it for the date she picked it up/ this caused a hassle and the PA man had to send his US original to embassy as the   clerks stamp changed it/ 10 month delay just for this

 

2011  may be hard to still have the original 

I would think the CO at embassy is going to suspect your friend is visa shopping

[Boiler 45,733]

2 minutes ago, JeanneAdil said:

US  GOOD  immigration lawyer if he can afford it 

Lawyer will need copy of original marriage and divorce papers

for the waiver ,  the immigration officer will look to see if the marriage document is the same as one presented in past interview and verify document for validity 

 

i say original as PA man sent original with I 130 (back when we had to while he kept an extra for business here in US ) and the wife needed one so she got one from country register office and the clerk put a new dated stamp on it for the date she picked it up/ this caused a hassle and the PA man had to send his US original to embassy as the   clerks stamp changed it/ 10 month delay just for this

 

2011  may be hard to still have the original 

I would think the CO at embassy is going to suspect your friend is visa shopping

It appears they have proved the case but now just need a waiver.

[Karay 6]

Just now, Boiler said:

Getting to the point where a waiver is available could be seen as a positive.

Yes. He seems positive based off what the CO told him. 

[Karay 6]

16 minutes ago, Boiler said:

It appears they have proved the case but now just need a waiver.

Yes. He only needs the waiver.

[SteveInBostonI130 3,471]

11 hours ago, Karay said:

Yes. He only needs the waiver.

 

Have "him" sign up and ask the questions.  It is free to do so.

 

Going by hearsay from a friend about responses from random people on the internet will not give "him" the best chance of getting his waiver approved.